Criminal Law
Are you familiar with how the criminal justice system works?
Are you aware of certain constitutional rights that you have?
Have you been accused of committing a misdemeanor or felony in North Carolina?
Do you know what the District Attorney must prove in order for you to be found guilty of the crime that you were charged with?
Under North Carolina law, crimes are classified as either a Felony or a Misdemeanor. In North Carolina, a felony is a crime which can be punished by death, incarceration in the State’s prison, or is labeled a felony by a particular statute. Felonies can range from a Class A Felony to a Class I Felony, with a Class A Felony being the “worst” and a Class I Felony being the “best.”
In North Carolina, a misdemeanor is any crime other than a felony. Misdemeanors can range from a Class A1 Misdemeanor to a Class 3 Misdemeanor, with a Class A1 Misdemeanor being the “worst” and a Class 3 Misdemeanor being the “best.”
Under North Carolina law, the punishment you could receive for committing a felony or misdemeanor is determined based upon the particular felony or misdemeanor you committed and your prior criminal record.
The representation you choose can have a tremendous impact on your future, both personally and professionally. Our firm can assist you in mitigating the charges against you so that you can get back to focusing on the things that are important to you. Our firm successfully handles cases most frequently, but not limited to, crimes such as:
- Aiding and Abetting
- Assault and Battery
- Assault by Pointing a Gun
- Assault on a Female
- Assault with a Deadly Weapon
- Breaking and Entering
- Carrying a Concealed Weapon
- Communicating Threats
- Disorderly Conduct
- Driving after consuming under 21 years old
- Driving While Impaired
- Driving While License Revoked
- Hit and Run/ Leaving a Scene
- Injury to Real Property
- Injury to Personal Property
- Interfering with Emergency Communication
- Kidnapping
- Larceny
- Littering
- Misuse of the 911 System
- Operating a Vehicle with No Insurance
- Possession of Cocaine
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Possession of Marijuana
- Possession of Stolen Goods
- Possession with Intent to Sell and Deliver
- Probation Violation
- Public Disturbance
- Receiving Stolen Goods
- Reckless Driving
- Resisting Public Officer
- Shoplifting Concealment of Goods
- Simple Affray
- Simple Assault
- Unauthorized use of a Motor Vehicle
- Underage Drinking
- Worthless Checks
Expungements
If your case was dismissed, you can protect your good name and rebuild your life through n expungement (also known as “Expunction”). Even though your case may have been dismissed, many people will think that where there is smoke, there has been a fire and hold your past accusations against you. After the Expunction is granted, employers, neighbors, customers, insurers, landlords (and just plain nosey people) looking into your background will find no official record of the charges that were expunged. The terms “expungement” and “expunction” are synonymous and can be used interchangeably.
An Expunction seals only the official records kept by government agencies. Private websites and the like may continue to publish their information and may not comply with the court’s Expunction Order. If that occurs, there are civil remedies that can be pursued against these private entity publishers.
You may be eligible for an expungement if:
- Dismissed cases (including not guilty verdicts)
- Guilty of a misdemeanor committed before the person attained the age of 18 years
- Guilty of a misdemeanor possession of alcohol pursuant to G.S. 18B‑302(b)(1) before the person attained the age of 21 years
- Guilty of misdemeanor larceny pursuant to G.S. 14‑72(a) more than 15 years ago and has no prior felony convictions
- Guilty of a Class H felony under certain “Gang related offenses” of the General Statutes and the offense was committed before the person attained the age of 18 years and they have no other misdemeanor or felony convictions
- Entered plea to certain drug offenses (may include toxic vapors offenses) and the person is discharged and the proceedings dismissed, pursuant to G.S. 90‑96(a) or (a1)
- Convicted of certain non-violent felonies committed before they attained the age of 18 years
- Where charges are dismissed or there are findings of not guilty as a result of identity theft or pardon is issued
- Guilty of certain nonviolent misdemeanor or felony offenses after 15 years, regardless of age
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